(ABC7)
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(ABC7) |
"The jig is up," Police Chief Rob Davis said during a news conference. "The puzzle pieces are beginning to fall into place, and the truth is being exposed."
Davis said the tip was called in to a hot line established by the Ohio-based fast food chain, and police found the man -- very much alive -- in Nevada this week. He said scientific tests confirmed the finger was his.
"This subject was in fact the source of the fingertip allegedly found in the chili," Davis said.
He said the man, who was not identified, was an acquaintance of Jaime Plascencia, the husband of the Las Vegas woman who made the claim, Anna Ayala. He also said detectives had determined the man had given the finger fragment to Plascencia.
Davis would not disclose details of the investigation but said the man who lost the finger was cooperating.
Ayala told police she discovered the finger March 22 while dining with family at a Wendy's franchise in San Jose. Police arrested her and accused her of making up the story to get money from Wendy's.
Wendy's has offered a $100,000 reward and has said it has lost millions in sales since Ayala made the claim. Dozens of employees at the company's Northern California franchises also have been laid off.
"There are victims in this case that have suffered greatly," Davis said.
Wendy's has not yet given out the award. Company spokesman Bob Bertini said officials need to talk with police to determine who should receive it.
In a statement, the company praised San Jose police and said the latest evidence against Ayala vindicates its employees.
"We strongly defended our brand and paid a severe price," said Tom Mueller, Wendy's president of North America. "We are extremely proud of our employees and franchisees who have suffered the most, and we are forever grateful to our many customers who have supported us during this difficult time."
Multiple phone calls to the attorney who represents Ayala and Plascencia on Friday were not immediately returned.
San Jose Police Sgt. Nick Muyo said someone other than the man who lost the finger called in the tip to the company's hot line.
Police would provide no other information, such as which finger was severed or how it was cut off. They said only that the man was an associate of Plascencia, who works in construction.
The Nevada agency that investigates industrial accidents has no record of a worker injury like the one San Jose police described, said Tom Czehowski, chief administrator of the state Occupational Safety and Health Administration.
Nevada employers are only required to report deaths or injuries causing the hospitalization of three or more employees, Czehowski said.
Officials with the California Division of Occupational Safety and Health did not immediately return a phone call.
Ayala, 39, is in jail in Santa Clara County on charges of attempted grand larceny and grand larceny, but Davis said they are considering additional criminal charges against her and her husband.
"We are exploring all other options and avenues available to see that those involved in this charade will be investigated," Davis said.
A Wendy's spokesman said the company has yet to pay out the reward, saying the company needs to discuss with police who should get
"We hope to give out the reward, but we have not had a conversation with the police department about who it should go to," said Wendy's spokesman Bob Bertini.
Bertini said he couldn't discuss who called in the tip that led to the police announcement Friday. He said it would be inappropriate for Wendy's to discuss the information that has been called into their tip line because they are not sure what the police consider important to the case.
He said a third party handled the tip line and related the information to police.
The grand larceny charge against Ayala stems from a questionable mobile home sale she made to another woman and is not related to the finger investigation. The attempted grand larceny charge pertains to the financial losses suffered by Wendy's after Ayala reported finding the finger.
Ayala has not yet entered a plea but has steadfastly maintained she did not plant the finger. She told authorities she bit down on a 1½ inch-long finger fragment while dining with her family at the San Jose Wendy's.
The news initially aroused sympathy for her and caused a customer backlash against the restaurant. But suspicions grew as questions were raised about her story.
As scrutiny mounted, Ayala withdrew a claim she had filed against the chain.
Police received a number of tips about the possible source of the finger, including one about a rural Nevada woman whose finger tip was bitten off by a spotted leopard kept as a pet. Police also recently searched a ranch north of Guadalajara, Mexico, owned by a relative of Plascencia.
Ayala was arrested April 21 at her suburban Las Vegas home on a warrant issued in San Jose, where police branded the incident a hoax. Authorities said the digit did not appear to have simmered in the chili, adding to their suspicions about Ayala's story.
The criminal complaint issued against her also says she has a history of filing claims against business -- at least 13 in her name or the names of her children.
Plascencia, 43, also has been arrested, although on charges unrelated to the finger incident. He was arrested on a fugitive warrant out of San Jose and faces charges of identity theft, failure to pay child support, child abandonment and fraudulent use of official documents.
He remains in jail in Nevada, but Davis said he would be extradited soon to San Jose.
Last Updated: May 13, 2005